La Plata County commissioners said Monday they do not support capping the number of retail marijuana shops in unincorporated parts of the county.
Commissioners expressed skepticism toward several proposed regulations presented by county staff to control the advent of recreational marijuana permitted by Amendment 64.
“I’ll tell you straight up I’m not supportive of limiting the number of retail stores,” Commissioner Bobby Lieb said.
Lieb’s fellow commissioners, Julie Westendorff and Gwen Lachelt, expressed similar sentiments.
Marijuana entrepreneurs already have significant barriers to entry, including fees and existing competition, Lieb said.
Commissioners said they do not expect an overwhelming influx of pot shops.
“I don’t see why we would expect to have more than a handful of retail marijuana outlets,” said Westendorff. “The bottom line is, there’s a finite market.”
Commissioners met Monday with county department heads in a public work session to burn through a number of sticky marijuana regulation issues.
Commissioners also questioned a staff proposal to limit the number of applications the county would process each year. County staff proposed a limit of two per year for each type of license that covers recreational shops and stores, cultivation and testing.
Westendorff called the proposed license caps “too artificial.” Commissioners indicated they may support some sort of phased approach to licensing.
County commissioners expressed support for a 3-mile perimeter around Bayfield and Ignacio – both towns have enacted permanent bans on pot shops.
Westendorff raised the prospect of a buffer near the New Mexico border, but other commissioners and staff said banning pot shops close to the border would have little practical effect.
“There’s going to be issues regardless,” said Lt. Ed Aber of the Sheriff’s Office.
Westendorff said she would not pursue a buffer near the state border because San Juan County, N.M., has not asked for one.
Lieb said he expects most states to legalize recreational marijuana in coming years, rendering disputes between neighboring states moot.
“In five years or less, you’re going to see the majority of states in the United States legalize marijuana, so it’s a short-term concern,” he said.
Commissioners appeared receptive to a 1,000-foot buffer around schools, colleges, day care centers and inpatient alcohol and drug-treatment facilities.
Butch Knowlton, director of the Building Department, raised a host of issues related to grow operations in residences. Knowlton has researched how counties in Colorado and California have dealt with marijuana grows.
Knowlton expressed concerns that commercial grow facilities can overwhelm homes’ electric systems. Aber said two recent fires in the Durango area were attributed to grow lights.
“Homes across the board are not designed for these activities,” said Knowlton.
Some jurisdictions have limited the amount of wattage that can be used in residential grow facilities to 1,500 watts, Knowlton said. His comment prompted some muttering among marijuana growers in attendance.
Knowlton added some jurisdictions have banned the use of solvents and gases in residential grow facilities.
Mold has arisen as another problem connected to grow facilities in other areas, he said. The use of humidifiers coupled with commonly used latex-based paints can trap moisture in a house’s frame.
Jonny Radding, co-owner of Durango Organics, a marijuana grower and retailer, said he was pleased by commissioners’ approach to the regulations.
“I was impressed by common-sense questions and answers by the commissioners,” he said.
Commissioners are scheduled to host another work session on marijuana regulations in December.
cslothower@durangoherald.com
